Alamosa County ousts Moyer, courts uphold

ALAMOSA — Alamosa County land use regulations were upheld in a recent case between the county and Leon Moyer, 59, a Deer Valley Meadows property owner.

The court held hearings this fall regarding the county’s contention that Moyer was residing in an RV (recreational vehicle) on his property east of Alamosa contrary to county code prohibiting use of an RV as a residence for more than 14 days.

As requested by the county, the court upheld the county and granted a permanent injunction against Moyer from occupying any RV on his Deer Valley Meadows property for more than 14 days in any calendar year.

If Moyer violates the court’s order, the county could seek a contempt citation and ultimately remove the RV from the property.

Moyer’s property was also listed in the delinquent tax notices. Alamosa County Treasurer Lois Widhalm will conduct a public auction via internet beginning today, Nov. 13, and continuing through Thursday, Nov. 15, to sell the tax lien on parcels such as Moyer’s that are delinquent. Moyer has indicated he does not plan to pay his property taxes since he believes they are excessive and cost him more than he paid for the property. He will eventually lose his property for nonpayment of taxes.

Moyer has lived in the Alamosa area for several years and has regularly attended local governmental and other public meetings as a self-appointed community watchdog. He is a member of Patriot Action Network, a group affirming the U.S. Constitution, individual liberties and limited government.

Also a Libertarian, he was featured in the “Libertarian News Examiner” in February of this year under the title “Overlooked freedom fighters win the little wars.”

Over the years he has filed litigation against several local entities such as Alamosa County and the City of Alamosa. For example, in 2006 he filed a civil rights action against the city and its police department regarding a 2005 traffic stop when Moyer was pulled over on suspicion of expired license plates and his motor home was subsequently towed and impounded. The case went to a jury that found Moyer guilty of displaying expired license plates, failing to present insurance and driving a motor vehicle without a valid driver’s license. Moyer filed subsequent civil rights action alleging violation of his Fourth Amendment right against unreasonable seizures and searches. The U.S. Court of Appeals ultimately upheld the city.

In 2007 both Moyer and Alamosa County Commissioner Darius Allen, who was re-elected last week, were charged with misdemeanor offenses stemming from an altercation between the two at an August 15, 2007 county meeting. Allen was charged with misdemeanor assault and disorderly charges and Moyer with misdemeanor refusing to leave a public building, misdemeanor harassment and a petty offense disorderly conduct charge. Allen pleaded guilty to disorderly conduct and Moyer’s case was ultimately dismissed.